2012Dhap14128 (Counterclaim), divorce, consolation money, etc.

2. Each claim for consolation money and counterclaim is dismissed.

3. The plaintiff (Counterclaim defendant) shall pay to the defendant (Counterclaim plaintiff) the amount of division of property, (a) 33,00,000 won, and 5% interest per annum from the day following the day when this judgment became final and conclusive to the day of full payment; (b) while the plaintiff (Counterclaim defendant) is alive, the amount calculated by the rate of 50% of the monthly retirement pension paid to the plaintiff (Counterclaim defendant) from the day following the day when this judgment becomes final and conclusive until the day when the plaintiff (Counterclaim defendant) dies shall be paid on the last day of each month.

4. A person with parental authority and a custodian of the principal of the case shall designate the Plaintiff (a counterclaim Defendant).

5. The defendant (Counterclaim plaintiff) shall pay 500,000 won to the plaintiff (Counterclaim defendant) as the child support of the principal of the case from May 2013 to the day before the principal of the case becomes adult.

6. A. The Defendant (Counterclaim Plaintiff) may freely contact the principal of the case in consideration of the intent and schedule of the principal of the case.

B. The Plaintiff (Counterclaim Defendant) must cooperate with the Defendant (Counterclaim Plaintiff) in exercising the visitation right to the principal of the case.

7. The costs of lawsuit are assessed against Plaintiff (Counterclaim Defendant) and Defendant (Counterclaim Plaintiff). The remainder is assessed against Plaintiff (Counterclaim Defendant).

8. Paragraph 5 can be provisionally executed.

The Defendant (hereinafter “Defendant”) Nos. 1 and 4 of the Disposition and the Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) are Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”)

c) 50,00,000 won as consolation money, and the next day after the delivery of a copy of the complaint of this case to this person.

ter 5% per annum and 20% per annum from the next day to the day of full payment until the day of this judgment

D. The Defendant shall pay to the Plaintiff the amount calculated as division of property of KRW 808,100,000, and this shall not apply to the Plaintiff

From the day after the delivery of a copy of the complaint of this case to the day of rendering a judgment, 5% per annum and full payment from the next day.

By the day, 20% interest per annum shall be paid to the Plaintiff. The Defendant shall pay to the Plaintiff the amount of the principal of the case.

50,000 won per month on the 25th day of this month until the principal of this case is adult from the date of this sentencing; and

H. D. Payment

2. Counterclaim;

The plaintiff and the defendant 50,00,000 won as consolation money and the counterclaim of this case against the defendant

shall pay 20% interest per annum from the day after the copy is served to the day of complete payment. Won

property division to the defendant, 547, 729, 053 won and the following day after this judgment has become final and conclusive.

It shall pay 20% interest per annum from the date of full payment.

(a) Facts of recognition;

1) Marriage and children: Marriage Report on March 22, 1984; Marriage Report D (E) and the principal of the case (the cause of marriage and failure) and the defendant, while working as each teacher, were raised on February 26, 1984, and began marital life.

B) The Defendant, around 1986, retired from office on the child D’s childbirth and mainly took charge of domestic affairs and childcare, and operated the clothing company around 2003 in order to punish the shortage of living expenses, child support, etc., the Defendant operated the golf-type business with the trade name of “F” around 2005, and “F” around 2008.

C) The Plaintiff served as a teacher and retired on February 28, 2007, and received a retirement pension from the Korea Teachers Pension Service.

D) The Plaintiff and the Defendant had frequently conducted marital fighting due to the marriage period due to the difference between the Plaintiff and the Defendant’s means of life, character, economic concern, etc., the difference between opinions about the method of raising children, and the lack of understanding of family affairs. In particular, as the principal of this case was unable to enter a university or college, conflicts have increased as he pointed out that he is responsible for each other.

E) The Plaintiff requested a divorce and division of property to the Defendant for a long conflict with the Defendant, but was rejected. On January 10, 2012, the Plaintiff leased the building, 302, Seoul Gangseo-gu building, and its previous residence, and was separated from the Defendant from the first policeman on February 2012, 2012, with loans secured by H apartment Nos. 102 and 301 (hereinafter “instant apartment”).

3) Current situation: The Plaintiff changed the passbook of retirement pension from the name of the Plaintiff to the name of the Defendant, and then lives with the principal of the case in the above I-Lease building. The Defendant, while living alone in the instant apartment, sought divorce without endeavoring to recover the relationship with each other.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3, 6, 7 (including branch numbers), family affairs investigator's family affairs report, the purport of the whole pleadings

B. Determination as to the claim of divorce and consolation money respectively against the principal lawsuit and counterclaim

1) Claim for divorce of principal lawsuit and counterclaim: Each claim for consolation money for the principal lawsuit and counterclaim is reasonable on the grounds of Article 840 subparagraph 6 of the Civil Code. 2) No reason exists.

[Grounds for Determination]

(1) Recognition of failure: Taking into account the fact of the above recognition, the fact that the plaintiff and the defendant want a divorce between themselves through the main lawsuit of this case and the counterclaim, and the fact that the marriage between the plaintiff and the defendant becomes worse to the extent that it is impossible to recover, and the uncertainty of each other is aggravated.

② The fundamental and principal responsibility of the failure is on the basis of the Plaintiff and the Defendant: the above fact of recognition, the instant marital relationship between the Plaintiff and the Defendant has been broken down to the extent that it is impossible to recover, and the principal liability caused the failure has failed to smoothly lead the family life due to difficulties and trust, and the difference between the economic center, values, character, and method of raising children is not understood, and the conflict is reached on the basis of the difference between the Plaintiff and the Defendant, and thus, each claim for consolation money and counterclaim is without merit.

2. Determination on the principal lawsuit and counterclaim for division of property

A. The Plaintiff continued to serve as a teacher and retired on February 26, 2007, and received a monthly retirement pension from the Korea Teachers Pension Corporation as of March 2013. The amount of the monthly retirement pension as of March 2013 is KRW 2,822,220. The Defendant, while serving as a teacher at the time of marriage, was mainly in charge of domestic affairs and childcare in around 1986, and operated a golf-type company with the trade name of "F" around 2005, around 200, while taking charge of domestic affairs and childcare, around 2005. However, the Plaintiff purchased the apartment house of this case on August 7, 2002 by means of savings during marriage, etc., with the maximum amount of debt set at KRW 80,008,000,000 for each creditor and the maximum amount of debt set at KRW 808,005,000 for each creditor, the maximum amount of debt set at around 200,005.

[Dissenting mortgage of the maximum debt amount of KRW 88,800,000 (the actual secured debt amount of KRW 74,000,000) was established to raise a part of the funds to acquire the apartment of this case. The right to collateral security of KRW 156,00,000 (the actual secured debt amount of KRW 120,000,000) was established to raise the rent while the plaintiff going together with his residence, as seen earlier.

3) On November 15, 2006, the Defendant acquired the title 203, Dadong 3, 300, in the name of the Defendant, and transferred the ownership under the name of the Plaintiff on January 6, 2009. The acquisition amount was acquired by acquiring collateral loans and deposit money for lease on a deposit basis, and the Defendant purchased KRW 150,00,00,000 from his mother. The said real estate was sold at KRW 305,00,000 on March 24, 2010, and the Defendant used the money for the repayment of the collateral loans and deposit money for lease on a deposit basis and the purchase of a house for children D.

4) The defendant completed the registration of ownership transfer on May 7, 2003 in the process of arranging the business relationship between the defendant's father and Lee Dong-dong L's death around 1997. The defendant completed the registration of ownership transfer on May 7, 200 in the name of the defendant on May 7, 200, and newly constructed a factory of five stories and five stories, and completed the registration of ownership transfer on August 4, 2008 (the above land was originally established on December 3, 2007; the size of the land was 00N factory site on May 3, 2007; the above land was purchased on November 28, 1995; the defendant was 00,000,000,000 won for the above real estate; 05,000 won for the above real estate purchased on May 7, 200, 2005 and 400,000 won for the above land.

B. Property subject to division: Each property indicated in the attached specification of property division (based on the time of separate entry) and the Plaintiff’s retirement pension [the retirement benefits under the Pension for Private School Teachers and Staff Act carry the character of entitlement to social security benefits and the post-paid wage at the same time; where retirement benefits are received in a lump sum, it cannot be subject to division of property if it is received in a lump sum, even if it can be subject to division of property; it is unreasonable that property of the same nature is included in or not subject to division of property at the recipient’s option; it is allowed to have retirement benefits as teachers and to receive retirement benefits even if it is difficult to determine the number of retirement benefits; if retirement benefits are excluded from those subject to division of property on the sole ground that it is difficult to determine the number of old age pension under the National Pension Act, it is against equity; if the spouse who has been divorced under a certain condition is recognized as the beneficiary of divided pension; if the retirement benefits are paid in the form of a lump sum, it is reasonable to include the Defendant’s net property subject to division 2 through 985) or 4;

d. Property division ratio: Plaintiff 50%, Defendant 50%, as indicated in the column of “party’s assertion and judgment” in the separate sheet of statement of property division and the separate sheet of property non-recognized:

[Ground of determination] Part excluding retirement pension: (a) the part on the formation and maintenance of the property subject to division as seen above, the degree of contribution by the plaintiff, the process of marital life, the period of marital life, the age of the plaintiff and the defendant, occupation, and both anticipated parties after divorce, etc.; and (b) the method and content of division of property as indicated in the argument in this case; (c) the method and content of division of property is determined to be reverted to the name of the plaintiff and the defendant; and (d) the part on which the amount to be reverted to the defendant according to the division

Property division amount to be paid by the Plaintiff to the Defendant: 33,00,000 won

【Calculation Form】

① Of the Plaintiff’s net property, the sum of the Plaintiff’s share and Defendant’s net property according to the division ratio of property ¡¿ 892, 91, 663 won x 50% x 446, 495, and 831 won (turf less than KRW 446, 495, 831 won - 413, 470, 582 won = 33,025,249 won from the amount under the above paragraph (1)

③ Division of property that the Plaintiff pays to the Defendant

② The portion of retirement pension in the amount under the above paragraph (33),00,000 won and the amount under the above paragraph (1): the amount calculated by the rate of 50% out of the retirement pension to be paid every month from the final date of the judgment to the death of the plaintiff shall be determined to be paid to the defendant on the last day of each month.

E. Sub-committee

Therefore, the Plaintiff is obligated to pay to the Defendant the amount of property division, KRW 33,00,000, and damages for delay calculated at the rate of 5% per annum from the day following the day this judgment became final to the day of full payment, and to pay the amount calculated at the rate of 50% of the retirement pension that the Plaintiff received by the Plaintiff from the day following the day this judgment becomes final until the day before the Plaintiff dies

3. Determination as to the claim for designation of a person with parental authority or a person with parental authority over the principal lawsuit and counterclaim, the claim for child support of the principal lawsuit, and the visitation right (ex officio)

(a) Person with parental authority and custodian: Designating the plaintiff as the person with parental authority and custodian of the principal of the case; and

[Ground of determination] The circumstances where the plaintiff is bringing up the principal of the case, the age, intention, gender, etc. of the principal of the case

(b) Child support;

The Defendant’s child support to the Plaintiff, which was the month when the instant judgment was rendered, was the month when the instant judgment was rendered.

5. It shall be determined that the principal of the case shall be paid at the end of each month on the last day of 500,000 won per month until the day on which he becomes adult.

[Ground of determination] Considering various circumstances such as the age of the principal of the case, the original and the defendant's intentions, economic ability, etc. The visitation (ex officio determination) has the right to visitation with the principal of the case, unless it is contrary to the welfare of the principal of the case. Considering all the circumstances revealed in the argument of the case, such as the age of the principal of the case and the situation of custody, it is reasonable to determine as mentioned in Section 6-A of the Disposition.

4. Conclusion

Therefore, each claim for the principal lawsuit and counterclaim divorce shall be accepted on the grounds of their reasoning, and each claim for the principal lawsuit and counterclaim consolation money shall be dismissed on the grounds of their merit. It shall be decided as above with regard to the principal lawsuit and counterclaim property division claim, the principal lawsuit and counterclaim property division claim, the designation of the principal lawsuit and counterclaim person, the child support claim, and the visitation right claim (ex officio), and it shall be decided as per Disposition.

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